Application by Clear Channel Outdoor for Three …...format third party advertising signs. Existing signs in the area, predominately first party, generally respect the character of

STAFF REPORT ACTION REQUIRED

Application by Clear Channel Outdoor for Three Variances Respecting a Proposed Third Party Sign – 137 Yonge Street

Date: January 23, 2015

Ward: Toronto Centre- Rosedale (28)

File No.: TP-14-00010

IBMS File No.: 14-194385

SUMMARY Clear Channel Outdoor (the "Applicant"), on behalf of the property owner, Dream Unlimited, has applied to seek variances to Chapter 694, Signs, General, of the City of Toronto Municipal Code, required to allow the erection and display of one third party wall sign (the "Proposed Wall Sign"). The Proposed Wall Sign is an illuminated wall sign, to be located on the southerly facing elevation of the existing office building located at the premises municipally known as 137 Yonge Street. The Proposed Wall Sign will have one sign face, displaying static copy, and measuring 6.10 metres horizontally by 18.29 metres vertically. The highest point of the Proposed Wall Sign measured from grade, (or height as defined by Chapter 694) would be 30.48 metres. Upon review of the Applicant's submission, the Chief Building Official (the "CBO") submits that the three variances required for the Proposed Wall Sign should be refused on the basis that not all nine of the established criteria have been met. The CBO is of the opinion that the Applicant has failed to meet five of the nine criteria required to be established. The CBO recommends refusal of the three variances required for the Proposed Wall Sign, on the basis that the sign is not compatible with the development of the premises and surrounding area; will adversely affect adjacent premises; does alter the character of the premise and surrounding area; may adversely affect public safety; and, is contrary to the public interest. RECOMMENDATIONS The Chief Building Official and Executive Director, Toronto Building, recommends that:

1. The Sign Variance Committee refuse to grant the three variances requested to §§ 694-22D, 694-25A(1)(a) & 694-25A(1)(b) required to allow the issuance of a permit for the erection and display of one third party wall sign described in Attachment 1 to this report.

Application by Clear Channel Outdoor – 3 Third Party Sign Variances – 137 Yonge Street 1

COMMENTS SIGN ATTRIBUTES AND CONTEXT The Proposed Wall Sign is an illuminated wall sign, to be located on the southerly facing elevation of the existing office building, commonly referred to as the "Arcade Building" and located on the premises municipally known as 137 Yonge Street. The Proposed Wall Sign will have one sign face, displaying static copy. Static Copy is defined in Chapter 694 as "sign copy that is fixed and does not move in any manner".

The Proposed Wall Sign's sign face will be rectangular and measure 6.10 metres horizontally by 18.29 metres vertically. The highest point of the Proposed Wall Sign measured from grade, would be 30.48 metres. The Proposed Wall Sign will be wholly dedicated to third party advertising. As the south side of the building is higher in height than the adjacent building to the south, the placement of the Proposed Wall Sign will result in a sign that is visible to pedestrians and vehicular traffic travelling north on Yonge Street. The Proposed Wall Sign requires a variance from §694-22D, which requires third party signs be separated by not less than 100 metres, measured radially. Due to the scale and

magnitude of the Proposed Wall Sign, variances from §694-25A(1)(a) & (b) are also required, respecting sign face area and height. Tables identifying the Proposed Wall Sign's attributes and required variances are provided below. The Downtown Yonge Business Improvement Area (DYBIA) commissioned a report regarding large format signage in a section of their BIA in 2006. The report, titled "A Signage Vision for the Downtown Yonge Strip, March 2009" (Signage Vision), was finalized in 2009. City Council approved the adoption, in principle, of portions of the Signage Vision. The DYBIA document specifically addresses the need to maintain the unique quality of the communities within the downtown core. While indicating the need for a dynamic Signage Vision, the document clearly points out the need to acknowledge how potentially conflicting land uses and current built form pose serious constraints to the scale, illumination and location of large format signage. One of the provisions of the Signage Vision is to clearly define areas

Figure 1: Photo Rendering – Proposed Third Party Wall Sign


that should be included in the exercise and where such vibrant large-format signage would pose as minimal an impact to conflicting and sensitive land uses. The southerly boundary of the vision exercise is Queen Street. The subject property is located well south of Queen Street and close to existing and planned residential buildings as well as in close proximity to existing prestigious office towers as well as planned and unbuilt office complexes. The signage vision is available at the following hyperlink: http://www.toronto.ca/leiJdocs/mmis/20Q9/te/bard/backaroundfile-20298.pdf Table 1: Summary of Proposed Wall Sign Attributes

Sign Attributes Proposed Permitted (CR sign district)

Sign Type Wall Sign yes

Sign Copy Type Static yes

Number of Sign Faces 1 yes

Sign Face Dimensions A rectangle measuring 6.10 m horizontally by 18.29 m vertically no

Sign Face Area 111.57 m2 no

Height 30.48 m no Location Erected on the south facing wall yes Table 2: Summary of Required Variances

Section Requirement Propsal

694-22D A third party sign shall not be erected within 100 metres of another third party sign.

The proposed third party wall sign is approximately 65 metres to an existing third party sign to the north at 1 Richmond Street West. The proposed third party wall sign is approximately 55 metres to an existing third party sign to the south at 1 Adelaide Street East.

694-25A(1)(a) A third party wall sign is permitted provided that it shall not exceed a sign face area of 20 square metres.

The proposed third party wall sign is to be 111.57 square metres in sign face area.

694-25A(1)(b) A third party wall sign is permitted provided that the height shall not exceed 15 metres.

The proposed third party wall sign is to be erected at a height of 30.48 metres.

Table 3: Summary of Area Surrounding 137 Yonge Street and Sign District Designations Land Uses and Attributes of Surrounding Properties:

North East South West

Office buildings with at-grade retail and service uses

Office buildings with at-grade retail, and service

uses; commercial/restaurant uses within heritage

resources

Low-scale built form with retail and

commercial uses; Office buildings with at-grade retail and

service uses

New high-rise office development;

commercial/restaurant uses within heritage

resources

Sign District Designation of Property: CR-Commercial Residential


http://www.toronto.ca/leiJdocs/mmis/20Q9/te/bard/backaroundfile-20298.pdf

Sign District Designations of Surrounding Properties:

North East South West

CR-Commercial Residential




The subject premises, municipally known 137 Yonge Street, is located in Ward 28, Toronto Centre-Rosedale. The premises is situated on the east side of Yonge Street, between Richmond Street Qwest and Adelaide Street West. Yonge Street is a major arterial thoroughfare in Toronto and is home to a variety of building typologies, many of which have significant heritage value. The existing buildings on Yonge Street, south of Queen Street are predominately characterized by buildings of high-standing historic character and large prestigious office complexes, with a general absence of large-format third party advertising signs. Existing signs in the area, predominately first party, generally respect the character of the area's built form.

Figure 2: Map – 137 Yonge Street


CRITERIA ESTABLISHED BY §694-30A OF CHAPTER 694 In order to review, consider and make recommendations on sign variance applications, criteria to evaluate an application for variance is provided in Chapter 694. §694-30A states that an application for variance(s) from the provisions of Chapter 694 may only be granted where it is established that the proposed sign meets all nine of these criteria. The following provides a summary of the variance criteria, as it relates to the Proposed Wall Sign at 137 Yonge Street. Administrative Criteria 694-30A(1), (2), and (7) of Chapter 694 set out three criteria which will be collectively referred to as the "Administrative Criteria". The Administrative Criteria are criteria that are evaluated largely by evaluating the sign class and sign type, as defined by Chapter 694, of the sign to which the requested variances relate, as well as determining if the sign in question is prohibited by §694-15B of Chapter 694. In the case of the sign proposed by the Applicant at 137 Yonge Street, the Proposed Wall Sign meets all three of the Administrative Criteria for variance(s) to be granted. It is a sign type and class permitted in a CR-Commercial Residential sign district and is not a sign type that is prohibited by §694-15B. Table 4: Summary of Administrative Criteria

Section Criteria Description Meets

Criteria? (yes/no)

Rationale

694-30A(1) Belongs to a sign class permitted in the sign district

Yes

The proposed sign is a first party sign, which is permitted in a CR-Commercial Residential sign district.

694-30A(2) In the case of a third party sign, must be of a sign type permitted in the sign district

Yes The proposed sign is a first party sign.

694-30A(7) Not be a sign prohibited by §694-15B

Yes The proposed sign is not prohibited by Chapter 694.

Design Criteria 694-30A (3), (4), and (8) of Chapter 694 set out three criteria will be collectively referred to as the "Design Criteria". The Design Criteria are focused on the compatibility of the sign relating to the requested variance(s) relate with the current and future development of the subject premises and surrounding area. In reviewing an application against these criteria, staff consider, amongst other things, surrounding developments (existing or proposed), signs, and relevant city policies. It is the opinion of staff that the Proposed Wall Sign is not compatible with the development on the premises and surrounding area, and does alter the character of the premises and surrounding area.


694-30A(3) Is the proposal compatible with the development on the premises and surrounding area

The existing building on the subject premises is an eight-storey office building with retail/commercial uses at and below grade, completed in and around 1960. The office building replaced what was once Canada's first retail arcade – a four-storey, glass covered indoor shopping mall from the Victorian era that was modelled after similar developments in Europe. The current office building is finished with stainless steel (or anodized aluminum) cladding and adorned along the Yonge Street façade with an electronic light display. The symmetrical orders and columns of the Yonge Street façade provides for a high volume of glazing. There are no windows along that portion of the southerly elevation where the Proposed Wall Sign is to be erected. The sign as proposed is contextually out-of-place with the architecture of the building. There is a consistent form that is created by the pattern of positive and negative spaces along the entire facade. A sign, at the scale and magnitude, as proposed, wholly detracts from this architectural statement. The DYBIA Signage Vision speaks to how fundamental it is to acknowledge a distinct precinct with specific rules for signage. Working with City staff, the members of the DYBIA and their consultants helped define and build the guidelines for the creation of the signature spectacular signage district centered around Dundas Square. The document goes on to point out how vital it is to the success of the downtown signage plan that a level of certainty is maintained for businesses residents that exceptional-large format signage permissions would not encroach beyond this clearly defined area. The vision document serves to direct the location and placement of large format signs, both first and third party, along Yonge Street, in and around Dundas Square. "|T]his vision largely confines the area appropriate for large-format signage to the famed Yonge Street strip." The vision document identifies this strip as being bounded by Gerrard Street to the north and Queen Street to the south. Since the subject property falls outside of this clearly defined area and is large (even in comparison to existing third party signage within the Dundas Sign District) its existence would distract from the special district created to be a destination specifically because of its spectacular signage. The Proposed Wall Sign, with such extra-ordinary attributes, would over-power and overwhelm the visual field of vehicular and pedestrian traffic travelling northbound on Yonge Street. The land uses and buildings in this area are predominately retail and office and considered to be culturally significant. As previously mentioned there are a number of heritage buildings along with existing and planned residential buildings in the immediate vicinity. Third party signage erected in the manner proposed by the Applicant is inconsistent with these defining features and may contribute to undermining the overall heritage value of the neighbourhood. Although, City staff recognizes that there are two existing third party signs within 100 metres proximity of the Proposed Wall Sign, they too are inconsistent with the provisions of Chapter 694 respecting sign type and method of copy display. Outside of these two signs, which were erected prior to the enactment of Chapter 694, the Proposed Wall Sign is not compatible with the subject and surrounding premises.


694-30A(4) Does the proposal support the Official Plan objectives for the property and surrounding area

The subject premise is designated as a Mixed Use Area in Toronto's Official Plan. Mixed Use Area's are made up of a broad range of commercial, residential, and institutional uses, in single use or mixed use buildings, as well as parks and open spaces and utilities. It is the opinion of staff that the Proposed Wall Sign is not contrary to the Official Plan policies as related to Mixed Use Areas. 694-30A(8) Does the proposal alter the character of the premises or surrounding area The Proposed Wall Sign is generally seen to be inconsistent with the scale and nature of the built-form along this section of Yonge Street as identified in the Downtown Yonge Business Improvement Area Signage Vision Document, specifically where it states that "New signage should be reconciled with historic buildings and [existing] signage." And where it states that "[the provisions of the Signage Vision ensures] that signage does not compromise the visual appeal and physical comfort of the public realm, and the pedestrian environment, [as] considered central." Although the subject property is outside the area specifically identified in the Signage Vision, the particularly large size and height means it will have a direct impact on the area contemplated in the Signage Vision. Simply stated, this is an area without large-format advertising signs. To introduce large format advertising signs to the area would promote signage "creep", thereby alter the character of the area. The Applicant has not provided a rationale nor a commentary describing how the proposed third party wall sign will not alter the essential character of the area. Although, as noted above, other large format third party signs do exist in the area, staff through a review of the proposal have not been able to locate a sufficient basis to state that it has been established that the proposed sign will not alter the essential character of the area. Table 5 – Summary of Design Criteria

Section Criteria Description Meets

Criteria? (yes/no)

Rationale

694-30A(3) Compatible with the development on the premises and surrounding area

No

Proposed Wall Sign is inconsistent with the architectural features of the building on the subject premises. Proposed Wall Sign is outside the catchment area outlined in the Vision Document respecting signage along Yonge Street. Proposed Wall Sign may impact existing and well established heritage resources along Yonge Street, south of Queen Street. Proposed Wall Sign would distract from the special district created to be a destination specifically because of its spectacular signage


694-30A(4) Supports the Official Plan objectives for the property and surrounding area

Yes

Subject premise is designated as a Mixed Use Area in Toronto's Official Plan. Proposed Wall Sign is not contrary to the Official Plan policies as related to Mixed Use Areas.

694-30A(8) Does not alter the character of the premises or surrounding area

No

The general area surrounding the Proposed Wall Sign is an area without large-format advertising signs. To introduce large format advertising signs to the area would promote signage "creep", thereby alter the character of the area.

Impact Criteria 694-30A (5), (6), and (9) set out three criteria that will be collectively referred to as the "Impact Criteria". The Impact Criteria are focused on the impact that a sign may have on surrounding buildings and properties and on the public in general. These criteria also consider whether or not the Proposed Wall Sign will have any impacts on public safety. In reviewing an application against these criteria, staff consider surrounding developments (existing or proposed), signs, and relevant city policies. It is the opinion of staff that the Proposed Wall Sign will adversely affect adjacent premises, may adversely affect public safety, and is contrary to the public interest. 694-30A(5) Does the proposal adversely affect adjacent premises Staff believe that it is likely that the adjacent properties would be affected adversely by the Proposed Wall Sign. The erection and display of the Proposed Wall Sign would be overpowering in relation to the surrounding area, and would contribute to sign clutter in the vicinity. The Signage Vision document makes a clear statement that there should be significant constraints on the scale of large format signs in the areas outside the Signage Vision area. If the provisions for large-format signs for the properties within the DYBIA Signage Vision are to be considered outside this "special area" under the auspices of special privileges, it would create a disadvantage to those properties located within this special area. The provisions contained in Chapter 694 have successfully expressed through regulations the statements in the Signage Vision document. Furthermore, the Applicant has not provided a rationale nor a commentary to establish, how the Proposed Wall Sign will not adversely affect adjacent properties. 594-30A(6) Does the proposal adversely affect public safety The Applicant provides no support to the claim that the Proposed Wall Sign will not adversely affect public safety. No evidence, such as incident and accident reports from the Toronto Police Services or anything else has been provided to substantiate the Applicant's claim that "there are no safety issues".


With respect to the "driver distraction" argument and the research that has been conducted in this respect, no conclusive research has been brought forward to refute or confirm the distraction caused by advertising signs. That said, given the attributes of the Proposed Wall Sign respecting height and sign face area, no evidence has been provided to establish that this large format advertising sign would not pose the risk of an adverse affect on public safety. The intersection of Yonge Street and Adelaide Street experiences a very high volume of traffic, both pedestrian and vehicular and any perceived distraction may have an adverse affect due to the specific circumstances. 694-30A(9) Is the proposal, in the opinion of the Chief Building Official, contrary to

the public interest The third party sign variance application process prescribed in Chapter 694 is a public process. The proponent is required to post a notice on the property for no less than 30 days prior to the hearing of the application by the Sign Variance Committee and a written notice of the proposal is mailed out to the local Ward Councillor, the owners of all properties and to the mailing addresses of residential and business tenancies within a 120 metre radius of the property. Staff have confirmed that a notice has been posted on the property and, to the date of this report, no comments have been received from the public. Staff have not been able to determine that, on the whole, whether or not the proposal is not contrary to the public interest. The Applicant has not provided any reason or information to support the allegation that locating a third party wall sign in a CR-Commercial Residential sign district, which is approximately six times the size of what would be permitted by Chapter 694, approximately 15 metres higher than what would be permitted by Chapter 694, and within 55 metres of another third party sign, when Chapter 694 establishes a sign spacing requirement of 100 metres between third party signs, would not be contrary to the public interests sought to be protected by Chapter 694. Table 6 – Summary of Impact Criteria

Section Criteria Description

Meets Criteria? (yes/no)

Rationale

694-30 A(5) Does not adversely affect adjacent premises

No

The scale and magnitude of the Proposed Wall Sign will impact adjacent premises. The Proposed Wall Sign, outside of the geographic confines of the Vision exercise, will adversely affect adjacent premises.

694-30 A(6) Does not adversely affect public safety

No The Applicant has not that this large format advertising sign would not pose the risk of an adverse affect on public safety

694-30 A(9) Is not contrary to the public interest

No

The Applicant has not provided any reason or information to support the allegation that locating a third party wall sign, which is approximately six times the size of what would be permitted, approximately 15 metres higher than what would be permitted, and within 55 metres of another third party sign, would not be contrary to the public interests sought to be protected by Chapter 694


CONCLUSION In consideration of the materials submitted by the Applicant to support the variances requested, it is the Sign By-law Unit’s position it has not established that the Proposed Wall Sign meets all nine of the established criteria required to permit the granting of the requested variances. The CBO is of the opinion that the Applicant has failed to establish five of the nine criteria required to be established. The CBO is of the opinion that the Applicant`s submissions fail to establish that the Proposed Wall Sign is compatible with the development on the premises and surrounding area, or that the Proposed Wall Sign will not adversely affect adjacent premises, or that Proposed Wall Sign does not alter the character of the premises or surrounding area, or that the Proposed Wall Sign will not adversely affect public safety, or that Proposed Wall Sign is not contrary to the public interest. As such, it is recommended that the Sign Variance Committee refuse to grant all of the variances requested from Chapter 694, Signs, General, by the Applicant required for the Proposed Wall Sign. CONTACT Robert Bader Supervisor, Sign By-law Unit Tel: (416) 392-4113 E-mail: [email protected] SIGNATURE ___________________________ Ted Van Vliet Manager, Sign By-law Unit ATTACHMENTS 1. Sign Description 2. Applicant's Submission Package Application by Clear Channel Outdoor – 3 Third Party Sign Variances – 137 Yonge Street 10

mailto:[email protected]

mailto:[email protected]

ATTACHMENT 1: SIGN DESCRIPTION An illuminated third party wall sign, located at the premises municipally known as 137 Yonge Street, described as follows: (a) The sign shall be erected along the southerly facing building elevation; (b) The height of the sign shall not exceed 30.48 metres; (c) The total sign face area of the sign shall be 111.57 square metres; (d) The sign face shall be rectangular in shape; with

(i) A horizontal measurement of 6.10 metres; and, (ii) A vertical measurement of 18.29 metres;

(e) The shall contain static copy only; (f) The sign shall not extend above the wall or parapet wall of a building; (g) The sign shall not extend beyond either end of the wall upon which it is erected; and (h) Located and oriented in substantial accordance with the diagram below.


ATTACHMENT 2: APPLICANT'S SUBMISSION PACKAGE








Documents

Application by Clear Channel Outdoor for Three …...format third party advertising signs. Existing signs in the area, predominately first party, generally respect the character of